As we recently covered, the second Trump Administration will likely cause major shifts at the NLRB and ultimately roll back some Biden-era rules to make room for employer-friendly policies. How those changes could shift the unusual spot already occupied by the cannabis industry – with its complex network of growers, producers, retail workers, and delivery drivers – is anybody’s guess.
Then again, this industry is accustomed to sitting in a precarious place. Cannabis facilities are a Cemex testing ground, and these employers pay an almost prohibitive amount of taxes within a trade that is still federally illegal. To confuse matters even more, 50 states have 50 different ways of handling the industry. Some state policies will also shift following Election Day, which is an excellent place to start this roundup.
Measure 119 was passed in Oregon, making it easier for cannabis workers to unionize. This bill, known as the United for Cannabis Workers Act, is the product of extensive lobbying efforts by the UFCW and will require employers to adopt a “labor peace agreement” (LPA) with a union to qualify for state licensing. Oregon now joins a growing number of states requiring such LPAs from cannabis employers.
California: The UFCW also lobbied for a bill that, beginning on Jan. 1, 2025, will allow ”Amsterdam-style cannabis cafes” to exist in retail shops where clientele can now order food and drinks while smoking up. Public health advocates, including the American Cancer Society, are decrying the added second-hand smoke health risks that this will present for workers. However, the union appears to be ignoring that subject.
Missouri: The NLRB will soon rule on a case involving BeLeaf Medical’s post-harvest workers who process and package cannabis products, ship them to dispensaries, and work in lab settings. At issue is the company’s goal to classify their employees as agricultural workers, who are generally excluded under the NLRA and, therefore, cannot unionize. These workers, however, counter that they are not involved with harvesting and consider themselves akin to unionized tobacco workers who ferment leaves.
BeLeaf disagrees that its production and packaging process is similar to that of the tobacco industry. This is a complicated saga, which we previously dug into here. This case could also transform the entire cannabis industry. Thus far, an NLRB regional director has ruled twice against the company, with BeLeaf awaiting the “final” ruling.
In organizing news, the Teamsters claim two victories at Zen Leaf Cannabis retail dispensaries in Illinois. In Michigan, the union won its first Detroit-area cannabis operation at a PharmaCann production facility. In Maryland, Apothecarium Dispensary workers joined the UFCW, reportedly bringing this union’s cannabis industry member count to 15,000.
Not everything is groovy for these workers, however. In New Jersey, the National Right To Work Foundation showcases Green Thumb Industries workers who filed a decertification petition against the UFCW over their claimed “card check” victory for 275 members. A worker representative accused the union of coercion and added, “We simply seek a secret ballot election that was denied to us.”
